Florida Senate - 2022 SB 1106 By Senator Berman 31-00940-22 20221106__ 1 A bill to be entitled 2 An act relating to domestic violence and parental 3 responsibility determinations; amending s. 61.046, 4 F.S.; defining the term child; amending s. 61.13, 5 F.S.; requiring a court to order shared parental 6 responsibility if it is found to be in the best 7 interests of the child based on certain factors; 8 providing that clear and convincing evidence of 9 certain conduct creates a rebuttable presumption that 10 shared parental responsibility is not in the best 11 interests of the child; authorizing a parent to rebut 12 such presumption if specified criteria are met; 13 requiring the court to consider specified time-sharing 14 factors when developing the time-sharing schedule if 15 such presumption is rebutted; authorizing the court to 16 order sole parental responsibility to one parent with 17 specified time-sharing arrangements under certain 18 circumstances; deleting a requirement that the court 19 consider certain evidence regardless of whether there 20 is a conviction; revising factors the court must 21 consider when determining the best interests of the 22 child for purposes of parental responsibility, 23 parenting plans, and time-sharing schedules; making 24 technical and conforming changes; amending s. 25 414.0252, F.S.; conforming provisions to changes made 26 by the act; amending s. 741.28, F.S.; defining the 27 term coercive control; revising the definition of 28 the term domestic violence; amending s. 741.30, 29 F.S.; providing that the instructions for certain 30 protective injunction petition forms must contain 31 specified information; revising requirements for the 32 form for a petition for injunction for protection 33 against domestic violence; amending ss. 921.0024, 34 943.0584, and 943.171, F.S.; conforming cross 35 references; providing an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1.Present subsections (2) through (23) of section 40 61.046, Florida Statutes, are redesignated as subsections (3) 41 through (24), respectively, and a new subsection (2) is added to 42 that section, to read: 43 61.046Definitions.As used in this chapter, the term: 44 (2)Child has the same meaning as in s. 39.01(11). 45 Section 2.Present paragraph (t) of subsection (3) of 46 section 61.13, Florida Statutes, is redesignated as paragraph 47 (u), new paragraphs (s) and (t) are added to that subsection, 48 and paragraph (c) of subsection (2) and present paragraph (m) of 49 subsection (3) are amended, to read: 50 61.13Support of children; parenting and time-sharing; 51 powers of court. 52 (2) 53 (c)The court shall determine all matters relating to 54 parenting and time-sharing of each minor child of the parties in 55 accordance with the best interests of the child and in 56 accordance with the Uniform Child Custody Jurisdiction and 57 Enforcement Act, except that modification of a parenting plan 58 and time-sharing schedule requires a showing of a substantial, 59 material, and unanticipated change of circumstances. 60 1.It is the public policy of this state that each minor 61 child has frequent and continuing contact with both parents 62 after the parents separate or the marriage of the parties is 63 dissolved and to encourage parents to share the rights and 64 responsibilities, and joys, of childrearing. Except as otherwise 65 provided in this paragraph, there is no presumption for or 66 against the father or mother of the child or for or against any 67 specific time-sharing schedule when creating or modifying the 68 parenting plan of the child. 69 2.The court shall order that the parental responsibility 70 for a minor child be shared by both parents if determined to be 71 in the best interests of the child based on reasonable factors, 72 including, but not limited to, the time-sharing factors in 73 subsection (3), unless the court finds that shared parental 74 responsibility would be detrimental to the child. There is The 75 following evidence creates a rebuttable presumption that shared 76 parental responsibility is not in the best interests of the 77 child and would be detrimental of detriment to the child if it 78 is proven by clear and convincing evidence that: 79 a.A parent has been convicted of a misdemeanor of the 80 first degree or higher involving domestic violence, as defined 81 in s. 741.28 and chapter 775; 82 b.A parent meets the criteria of s. 39.806(1)(d); or 83 c.A parent has been convicted of or had adjudication 84 withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 85 at the time of the offense: 86 (I)The parent was 18 years of age or older. 87 (II)The victim was under 18 years of age or the parent 88 believed the victim to be under 18 years of age; 89 d.A parent or child has reasonable cause to believe he or 90 she is in imminent danger of becoming a victim of domestic 91 violence, as defined in s. 741.28, caused by the other parent, 92 upon a review of all relevant factors, including, but not 93 limited to, the factors in s. 741.30(6)(b); or 94 e.There is alleged domestic violence as defined in s. 95 741.28; sexual violence as defined in s. 784.046(1)(c); child 96 abuse as defined in s. 39.01(2); child abandonment as defined in 97 s. 39.01(1); or child neglect as defined in s. 39.01(50) by a 98 parent, regardless of whether a cause of action has been brought 99 or is currently pending in the court. 100 101 A parent may rebut the presumption that shared parental 102 responsibility is not in the best interests of the child upon a 103 specific finding in writing by the court that the parent does 104 not pose a significant risk of harm to the child and that time 105 sharing is in the best interests of the child. If the 106 presumption is rebutted, the court must consider all time 107 sharing factors in subsection (3) when developing the time 108 sharing schedule. 109 3.If the presumption is not rebutted after the offending 110 convicted parent is advised by the court that the presumption 111 exists, shared parental responsibility, including time-sharing 112 with the child, and decisions made regarding the child, may not 113 be granted to the offending convicted parent. However, the 114 offending convicted parent is not relieved of any obligation to 115 provide financial support. 116 4.If the court determines that shared parental 117 responsibility would be detrimental to the child based on 118 factors other than those in subparagraph 2., it may order sole 119 parental responsibility for the child to one parent and make 120 such arrangements for time-sharing as specified in the parenting 121 plan that as will best protect the child or parent, including, 122 but not limited to, supervised visitation by a third party at 123 the expense of the parent without sole parental responsibility 124 or a designated location at which to pick up and drop off the 125 child abused spouse from further harm. Whether or not there is a 126 conviction of any offense of domestic violence or child abuse or 127 the existence of an injunction for protection against domestic 128 violence, the court shall consider evidence of domestic violence 129 or child abuse as evidence of detriment to the child. 130 5.3.In ordering shared parental responsibility, the court 131 may consider the expressed desires of the parents and may grant 132 to one party the ultimate responsibility over specific aspects 133 of the childs welfare or may divide those responsibilities 134 between the parties based on the best interests of the child. 135 Areas of responsibility may include education, health care, and 136 any other responsibilities that the court finds unique to a 137 particular family. 138 6.4.The court shall order sole parental responsibility for 139 a minor child to one parent, with or without time-sharing with 140 the other parent if it is in the best interests of the minor 141 child. 142 7.5.There is a rebuttable presumption against granting 143 time-sharing with a minor child if a parent has been convicted 144 of or had adjudication withheld for an offense enumerated in s. 145 943.0435(1)(h)1.a., and at the time of the offense: 146 a.The parent was 18 years of age or older. 147 b.The victim was under 18 years of age or the parent 148 believed the victim to be under 18 years of age. 149 150 A parent may rebut the presumption upon a specific finding in 151 writing by the court that the parent does not pose a poses no 152 significant risk of harm to the child and that time-sharing is 153 in the best interests of the minor child. If the presumption is 154 rebutted, the court must shall consider all time-sharing factors 155 in subsection (3) when developing a time-sharing schedule. 156 8.6.Access to records and information pertaining to a 157 minor child, including, but not limited to, medical, dental, and 158 school records, may not be denied to either parent. Full rights 159 under this subparagraph apply to either parent unless a court 160 order specifically revokes these rights, including any 161 restrictions on these rights as provided in a domestic violence 162 injunction. A parent having rights under this subparagraph has 163 the same rights upon request as to form, substance, and manner 164 of access as are available to the other parent of a child, 165 including, without limitation, the right to in-person 166 communication with medical, dental, and education providers. 167 (3)For purposes of establishing or modifying parental 168 responsibility and creating, developing, approving, or modifying 169 a parenting plan, including a time-sharing schedule, which 170 governs each parents relationship with his or her minor child 171 and the relationship between each parent with regard to his or 172 her minor child, the best interest of the child must shall be 173 the primary consideration. A determination of parental 174 responsibility, a parenting plan, or a time-sharing schedule may 175 not be modified without a showing of a substantial, material, 176 and unanticipated change in circumstances and a determination 177 that the modification is in the best interests of the child. 178 Determination of the best interests of the child must shall be 179 made by evaluating all of the factors affecting the welfare and 180 interests of the particular minor child and the circumstances of 181 that family, including, but not limited to: 182 (m)Evidence of domestic violence, sexual violence, child 183 abuse, child abandonment, or child neglect, regardless of 184 whether a prior or pending action relating to those issues has 185 been brought. If the court accepts evidence of prior or pending 186 actions regarding domestic violence, sexual violence, child 187 abuse, child abandonment, or child neglect, the court must 188 specifically acknowledge in writing that such evidence was 189 considered when evaluating the best interests of the child. 190 (s)Whether and to what extent the child has developed a 191 relationship with either parent and the nature of any bond that 192 has been established between such parent and the child, 193 including, but not limited to, whether the child has expressed 194 or exhibited behavior that suggests that the child fears for his 195 or her safety or well-being while being in the care of the other 196 parent. Upon the request of one parent, and at that parents 197 expense, the court may order an independent evaluation by a 198 psychiatrist licensed under chapter 458 or chapter 459 or a 199 psychologist licensed under chapter 490. 200 (t)Clear and convincing evidence that a parent has an 201 improper motive for seeking shared parental responsibility and 202 whether such motive will negatively interfere with that parents 203 ability to safely and effectively share parental 204 responsibilities. 205 Section 3.Subsection (4) of section 414.0252, Florida 206 Statutes, is amended to read: 207 414.0252Definitions.As used in ss. 414.025-414.55, the 208 term: 209 (4)Domestic violence means coercive control or any 210 assault, aggravated assault, battery, aggravated battery, sexual 211 assault, sexual battery, stalking, aggravated stalking, 212 kidnapping, false imprisonment, or other any criminal offense 213 that results in the physical injury or death of one family or 214 household member by another. 215 Section 4.Present subsections (1) through (4) of section 216 741.28, Florida Statutes, are redesignated as subsections (2) 217 through (5), respectively, a new subsection (1) is added to that 218 section, and present subsection (2) of that section is amended, 219 to read: 220 741.28Domestic violence; definitions.As used in ss. 221 741.28-741.31: 222 (1)Coercive control means a pattern of threatening, 223 humiliating, or intimidating actions by one family or household 224 member against another family or household member, which actions 225 are used to harm, punish, or frighten the family or household 226 member and make him or her dependent on the other family or 227 household member by isolating, exploiting, or regulating him or 228 her. The term includes, but is not limited to: 229 (a)Isolating the family or household member from his or 230 her friends or family. 231 (b)Controlling the amount of money accessible to the 232 family or household member and how he or she spends such money. 233 (c)Monitoring the family or household members activities, 234 communications, or movements. 235 (d)Frequently engaging in conduct meant to demean, 236 degrade, dehumanize, or embarrass the family or household 237 member. 238 (e)Threatening to cause physical harm to or kill a child 239 or relative of the family or household member. 240 (f)Threatening to publish false information or make false 241 reports to a law enforcement officer or other law enforcement 242 personnel about the family or household member. 243 (g)Damaging the family or household members property, 244 household goods, or personal effects. 245 (h)Forcing the family or household member to participate 246 in criminal activity. 247 (3)(2)Domestic violence means coercive control or any 248 assault, aggravated assault, battery, aggravated battery, sexual 249 assault, sexual battery, stalking, aggravated stalking, 250 kidnapping, false imprisonment, or other any criminal offense 251 resulting in physical injury or death of one family or household 252 member by another family or household member. 253 Section 5.Paragraph (c) of subsection (2) and paragraph 254 (b) of subsection (3) of section 741.30, Florida Statutes, are 255 amended to read: 256 741.30Domestic violence; injunction; powers and duties of 257 court and clerk; petition; notice and hearing; temporary 258 injunction; issuance of injunction; statewide verification 259 system; enforcement; public records exemption. 260 (2) 261 (c)1.The clerk of the court shall assist petitioners in 262 seeking both injunctions for protection against domestic 263 violence and enforcement for a violation thereof as specified in 264 this section. 265 2.All clerks offices shall provide simplified petition 266 forms for the injunction, any modifications, and the enforcement 267 thereof, including instructions for completion. The instructions 268 must inform the petitioner that if he or she intends to seek an 269 injunction that prohibits or limits time-sharing between the 270 respondent and the child of the parties, he or she must state 271 with specificity details regarding the circumstances that give 272 rise to the petitioner fearing that the respondent imminently 273 will abuse, remove, or hide the child from the petitioner. 274 3.The clerk of the court shall advise petitioners of the 275 opportunity to apply for a certificate of indigence in lieu of 276 prepayment for the cost of the filing fee, as provided in 277 paragraph (a). 278 4.The clerk of the court shall ensure the petitioners 279 privacy to the extent practical while completing the forms for 280 injunctions for protection against domestic violence. 281 5.The clerk of the court shall provide petitioners with a 282 minimum of two certified copies of the order of injunction, one 283 of which is serviceable and will inform the petitioner of the 284 process for service and enforcement. 285 6.Clerks of court and appropriate staff in each county 286 shall receive training in the effective assistance of 287 petitioners as provided or approved by the Florida Association 288 of Court Clerks. 289 7.The clerk of the court in each county shall make 290 available informational brochures on domestic violence when such 291 brochures are provided by local certified domestic violence 292 centers. 293 8.The clerk of the court in each county shall distribute a 294 statewide uniform informational brochure to petitioners at the 295 time of filing for an injunction for protection against domestic 296 or repeat violence when such brochures become available. The 297 brochure must include information about the effect of giving the 298 court false information about domestic violence. 299 (3) 300 (b)The sworn petition shall be in substantially the 301 following form: 302 303 PETITION FOR 304 INJUNCTION FOR PROTECTION 305 AGAINST DOMESTIC VIOLENCE 306 307 Before me, the undersigned authority, personally appeared 308 Petitioner ...(Name)..., who has been sworn and says that the 309 following statements are true: 310 (a)Petitioner resides at: ...(address)... 311 (Petitioner may furnish address to the court in a separate 312 confidential filing if, for safety reasons, the petitioner 313 requires the location of the current residence to be 314 confidential.) 315 (b)Respondent resides at: ...(last known address)... 316 (c)Respondents last known place of employment: ...(name 317 of business and address)... 318 (d)Physical description of respondent:.................. 319 Race........ 320 Sex........ 321 Date of birth........ 322 Height........ 323 Weight........ 324 Eye color........ 325 Hair color........ 326 Distinguishing marks or scars........ 327 (e)Aliases of respondent:............................... 328 (f)Respondent is the spouse or former spouse of the 329 petitioner or is any other person related by blood or marriage 330 to the petitioner or is any other person who is or was residing 331 within a single dwelling unit with the petitioner, as if a 332 family, or is a person with whom the petitioner has a child in 333 common, regardless of whether the petitioner and respondent are 334 or were married or residing together, as if a family. 335 (g)The following describes any other cause of action 336 currently pending between the petitioner and respondent:........ 337 ................................................................ 338 The petitioner should also describe any previous or pending 339 attempts by the petitioner to obtain an injunction for 340 protection against domestic violence in this or any other 341 circuit, and the results of that attempt:....................... 342 ................................................................ 343 Case numbers should be included if available. 344 (h)Petitioner is either a victim of domestic violence or 345 has reasonable cause to believe he or she is in imminent danger 346 of becoming a victim of domestic violence because respondent 347 has: ...(mark all sections that apply and describe in the spaces 348 below the incidents of violence or threats of violence, 349 specifying when and where they occurred, including, but not 350 limited to, locations such as a home, school, place of 351 employment, or visitation exchange)... 352 ......................................................... 353 ......................................................... 354 ....committed or threatened to commit domestic violence 355 defined in s. 741.28, Florida Statutes, as coercive control or 356 any assault, aggravated assault, battery, aggravated battery, 357 sexual assault, sexual battery, stalking, aggravated stalking, 358 kidnapping, false imprisonment, or other any criminal offense 359 resulting in physical injury or death of one family or household 360 member by another. With the exception of persons who are parents 361 of a child in common, the family or household members must be 362 currently residing or have in the past resided together in the 363 same single dwelling unit. 364 ....previously threatened, harassed, stalked, or physically 365 abused the petitioner. 366 ....attempted to harm the petitioner or family members or 367 individuals closely associated with the petitioner. 368 ....threatened to conceal, kidnap, or harm the petitioners 369 child or children (provide details in paragraph (i) below). 370 ....intentionally injured or killed a family pet. 371 ....used, or has threatened to use, against the petitioner 372 any weapons such as guns or knives. 373 ....physically restrained the petitioner from leaving the 374 home or calling law enforcement. 375 ....a criminal history involving violence or the threat of 376 violence (if known). 377 ....another order of protection issued against him or her 378 previously or from another jurisdiction (if known). 379 ....destroyed personal property, including, but not limited 380 to, telephones or other communication equipment, clothing, or 381 other items belonging to the petitioner. 382 ....engaged in any other behavior or conduct that leads the 383 petitioner to have reasonable cause to believe he or she is in 384 imminent danger of becoming a victim of domestic violence. 385 (i)Petitioner alleges the following additional specific 386 facts: ...(mark appropriate sections)... 387 ....A minor child or minor children reside with the 388 petitioner whose names and ages are as follows: 389 390 ....Petitioner needs the exclusive use and possession of 391 the dwelling that the parties share. 392 ....Petitioner is unable to obtain safe alternative housing 393 because: 394 395 ....Petitioner genuinely fears that respondent imminently 396 will abuse, remove, or hide the minor child or children from 397 petitioner because: ...(describe any actions taken or threats 398 made by the respondent to cause such fear, including where and 399 when the actions were taken or the threats were made, directly 400 or indirectly; whether and how the respondent failed to comply 401 with an existing parenting plan or time-sharing schedule; and 402 any actions taken or comments made by the child or children 403 which suggest the respondent has caused the child or children to 404 fear for his or her or their safety)... 405 406 (j)Petitioner genuinely fears imminent domestic violence 407 by respondent. 408 (k)Petitioner seeks an injunction: ...(mark appropriate 409 section or sections)... 410 ....Immediately restraining the respondent from committing 411 any acts of domestic violence. 412 ....Restraining the respondent from committing any acts of 413 domestic violence. 414 ....Awarding to the petitioner the temporary exclusive use 415 and possession of the dwelling that the parties share or 416 excluding the respondent from the residence of the petitioner. 417 ....Providing a temporary parenting plan, including a 418 temporary time-sharing schedule, with regard to the minor child 419 or children of the parties which might involve prohibiting or 420 limiting time-sharing or requiring that it be supervised by a 421 third party. 422 ....Providing a temporary time-sharing schedule that 423 prohibits time-sharing between the respondent and the child or 424 children of the parties. 425 ....Establishing temporary support for the minor child or 426 children or the petitioner. 427 ....Directing the respondent to participate in a batterers 428 intervention program. 429 ....Providing any terms the court deems necessary for the 430 protection of a victim of domestic violence, or any minor 431 children of the victim, including any injunctions or directives 432 to law enforcement agencies. 433 Section 6.Paragraph (b) of subsection (1) of section 434 921.0024, Florida Statutes, is amended to read: 435 921.0024Criminal Punishment Code; worksheet computations; 436 scoresheets. 437 (1) 438 (b)WORKSHEET KEY: 439 440 Legal status points are assessed when any form of legal status 441 existed at the time the offender committed an offense before the 442 court for sentencing. Four (4) sentence points are assessed for 443 an offenders legal status. 444 445 Community sanction violation points are assessed when a 446 community sanction violation is before the court for sentencing. 447 Six (6) sentence points are assessed for each community sanction 448 violation and each successive community sanction violation, 449 unless any of the following apply: 450 1.If the community sanction violation includes a new 451 felony conviction before the sentencing court, twelve (12) 452 community sanction violation points are assessed for the 453 violation, and for each successive community sanction violation 454 involving a new felony conviction. 455 2.If the community sanction violation is committed by a 456 violent felony offender of special concern as defined in s. 457 948.06: 458 a.Twelve (12) community sanction violation points are 459 assessed for the violation and for each successive violation of 460 felony probation or community control where: 461 I.The violation does not include a new felony conviction; 462 and 463 II.The community sanction violation is not based solely on 464 the probationer or offenders failure to pay costs or fines or 465 make restitution payments. 466 b.Twenty-four (24) community sanction violation points are 467 assessed for the violation and for each successive violation of 468 felony probation or community control where the violation 469 includes a new felony conviction. 470 471 Multiple counts of community sanction violations before the 472 sentencing court shall not be a basis for multiplying the 473 assessment of community sanction violation points. 474 475 Prior serious felony points: If the offender has a primary 476 offense or any additional offense ranked in level 8, level 9, or 477 level 10, and one or more prior serious felonies, a single 478 assessment of thirty (30) points shall be added. For purposes of 479 this section, a prior serious felony is an offense in the 480 offenders prior record that is ranked in level 8, level 9, or 481 level 10 under s. 921.0022 or s. 921.0023 and for which the 482 offender is serving a sentence of confinement, supervision, or 483 other sanction or for which the offenders date of release from 484 confinement, supervision, or other sanction, whichever is later, 485 is within 3 years before the date the primary offense or any 486 additional offense was committed. 487 488 Prior capital felony points: If the offender has one or more 489 prior capital felonies in the offenders criminal record, points 490 shall be added to the subtotal sentence points of the offender 491 equal to twice the number of points the offender receives for 492 the primary offense and any additional offense. A prior capital 493 felony in the offenders criminal record is a previous capital 494 felony offense for which the offender has entered a plea of nolo 495 contendere or guilty or has been found guilty; or a felony in 496 another jurisdiction which is a capital felony in that 497 jurisdiction, or would be a capital felony if the offense were 498 committed in this state. 499 500 Possession of a firearm, semiautomatic firearm, or machine gun: 501 If the offender is convicted of committing or attempting to 502 commit any felony other than those enumerated in s. 775.087(2) 503 while having in his or her possession: a firearm as defined in 504 s. 790.001(6), an additional eighteen (18) sentence points are 505 assessed; or if the offender is convicted of committing or 506 attempting to commit any felony other than those enumerated in 507 s. 775.087(3) while having in his or her possession a 508 semiautomatic firearm as defined in s. 775.087(3) or a machine 509 gun as defined in s. 790.001(9), an additional twenty-five (25) 510 sentence points are assessed. 511 512 Sentencing multipliers: 513 514 Drug trafficking: If the primary offense is drug trafficking 515 under s. 893.135, the subtotal sentence points are multiplied, 516 at the discretion of the court, for a level 7 or level 8 517 offense, by 1.5. The state attorney may move the sentencing 518 court to reduce or suspend the sentence of a person convicted of 519 a level 7 or level 8 offense, if the offender provides 520 substantial assistance as described in s. 893.135(4). 521 522 Law enforcement protection: If the primary offense is a 523 violation of the Law Enforcement Protection Act under s. 524 775.0823(2), (3), or (4), the subtotal sentence points are 525 multiplied by 2.5. If the primary offense is a violation of s. 526 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points 527 are multiplied by 2.0. If the primary offense is a violation of 528 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement 529 Protection Act under s. 775.0823(10) or (11), the subtotal 530 sentence points are multiplied by 1.5. 531 532 Grand theft of a motor vehicle: If the primary offense is grand 533 theft of the third degree involving a motor vehicle and in the 534 offenders prior record, there are three or more grand thefts of 535 the third degree involving a motor vehicle, the subtotal 536 sentence points are multiplied by 1.5. 537 538 Offense related to a criminal gang: If the offender is convicted 539 of the primary offense and committed that offense for the 540 purpose of benefiting, promoting, or furthering the interests of 541 a criminal gang as defined in s. 874.03, the subtotal sentence 542 points are multiplied by 1.5. If applying the multiplier results 543 in the lowest permissible sentence exceeding the statutory 544 maximum sentence for the primary offense under chapter 775, the 545 court may not apply the multiplier and must sentence the 546 defendant to the statutory maximum sentence. 547 548 Domestic violence in the presence of a child: If the offender is 549 convicted of the primary offense and the primary offense is a 550 crime of domestic violence, as defined in s. 741.28, which was 551 committed in the presence of a child under 16 years of age who 552 is a family or household member as defined in s. 741.28 s. 553 741.28(3) with the victim or perpetrator, the subtotal sentence 554 points are multiplied by 1.5. 555 556 Adult-on-minor sex offense: If the offender was 18 years of age 557 or older and the victim was younger than 18 years of age at the 558 time the offender committed the primary offense, and if the 559 primary offense was an offense committed on or after October 1, 560 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the 561 violation involved a victim who was a minor and, in the course 562 of committing that violation, the defendant committed a sexual 563 battery under chapter 794 or a lewd act under s. 800.04 or s. 564 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s. 565 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 566 800.04; or s. 847.0135(5), the subtotal sentence points are 567 multiplied by 2.0. If applying the multiplier results in the 568 lowest permissible sentence exceeding the statutory maximum 569 sentence for the primary offense under chapter 775, the court 570 may not apply the multiplier and must sentence the defendant to 571 the statutory maximum sentence. 572 Section 7.Paragraph (f) of subsection (2) of section 573 943.0584, Florida Statutes, is amended to read: 574 943.0584Criminal history records ineligible for court 575 ordered expunction or court-ordered sealing. 576 (2)A criminal history record is ineligible for a 577 certificate of eligibility for expunction or a court-ordered 578 expunction pursuant to s. 943.0585 or a certificate of 579 eligibility for sealing or a court-ordered sealing pursuant to 580 s. 943.059 if the record is a conviction for any of the 581 following offenses: 582 (f)Assault or battery, as defined in ss. 784.011 and 583 784.03, respectively, of one family or household member by 584 another family or household member, as defined in s. 741.28 s. 585 741.28(3); 586 Section 8.Paragraph (b) of subsection (2) of section 587 943.171, Florida Statutes, is amended to read: 588 943.171Basic skills training in handling domestic violence 589 cases. 590 (2)As used in this section, the term: 591 (b)Household member has the meaning set forth in s. 592 741.28 s. 741.28(3). 593 Section 9.This act shall take effect July 1, 2022.